Racists should be banned from jury service

June 13, 2014

Friday, June 13, 2014

Good afternoon:

Xena posted a comment to my post about Theodore Wafer advising that his hearing has been continued to next Friday, June 20th.

She also said,

Did you read the part where the defense wants to argue that Renisha mistook Wafer’s house for a drug dealer’s house? The defense’s argument is that someone who lived close to Renisha was arrested for marijuana after Renisha was killed.

This presents an interesting new wrinkle to putting a victim on trial for a homicide, so let’s break it down, take a look and estimate the probability that it will be successful.

Let’s begin by assuming for the sake of argument that,

(1) someone who lived near Wafer’s house sold marijuana,

(2) McBride had previously purchased marijuana from that person at that address, and

(3) she mistakenly believed she was knocking on that person’s front door when she knocked on Wafer’s front door.

I don’t believe that set of assumed facts, which Wafer did not know at the time of the shooting, helps his claim of self-defense because, regardless of her intent, he had to be in fear of suffering imminent death or grievous bodily harm and his belief had to be reasonable. That is, a reasonable person in the same situation also would have believed that he was in imminent danger of suffering death or grievous bodily injury.

The racist right wing hate machine skips over the word reasonable because its members devoutly believe that their opinions are reasonable.

They fail to understand that the word reasonable in a legal context means evidence-based, as opposed to opinion-based. Racial prejudice is by definition opinion-based, rather than evidence-based. Therefore, it is unreasonable and no verdict should ever be based on it.

Prospective jurors who are unaware of their racial prejudice, or who deny being prejudiced when they know damn well they are prejudiced, should never sit on a jury when a person of color is the defendant or a victim allegedly injured or killed by a white defendant.

Even if McBride had a gun and intended to kill Wafer, and there is no evidence that she did, nothing about the situation he was in would likely have caused a reasonable person to believe he was in imminent danger behind the two locked doors. Seems to me that opening the door demonstrates unequivocally that he did not fear death or grievous bodily injury.

That act is an evidence-based expression of his state of mind when he opened the door and it defeats his claim of self-defense.

The castle doctrine does not help Wafer because she did not attempt to break in or enter his house. She was unarmed and outside his house knocking on the door. He was inside his house in a safe location on the other side of two locked doors while armed with a loaded shotgun and he had a cell phone with which to call 911.

He cannot create a necessity to act in self-defense by opening the door.

We might have a different situation if he were living next to a drug house with all sorts of people coming and going at all hours of the day and night occasionally mistaking his house for the drug house, but even then he would have to have an objectively reasonable basis to believe his life was in danger, as opposed to being pissed off that someone was knocking on his door disturbing his sleep in the middle of the night.

As a matter of law, therefore, I believe the answer is easy. The evidence that the defense seeks to introduce is irrelevant and inadmissible.

Just as O’Mara and West did in the Zimmerman trial, the defense is attacking the victim’s character in an effort to say she deserved to die.

However, as much as right-wing racists want to believe that they have a right to kill any person who is young, black, drunk and/or stoned (e.g., George Zimmerman), especially if that person is listening to loud music and is disrespectful (e.g., Michael Dunn), the law recognizes no such right or privilege.

Finally, do not forget that Wafer did not initially claim self-defense. He told the police that his gun went off by accident.

Look for the defense to do everything it can to keep him off the stand at trial, so he does not have to explain to the jury which story was a lie and why he lied instead of telling the truth.

Trial lawyers love it when they get to ask, “Were you lying then or are you lying now?”

For all of these reasons, I believe the evidence the defense wants to introduce is irrelevant and inadmissible. I also believe a jury will convict him of murder, provided the prosecution identifies and eliminates all potential stealth jurors who would willingly substitute their racially prejudiced opinions about black teenagers for actual evidence.

We have seen jurors do that in two Florida trials.

The question is whether the prosecution will permit that to happen in Detroit.

Wafer’s trial is scheduled to start in five weeks, probably not long after Judge Thokozile announces her decision in the Oscar Pistorius case.

This is our 1082nd post. If you appreciate this analysis and our continuing effort to explain what is happening between the lines in our failing criminal justice system, please make a donation.

Thank you,

Fred


We shall overcome

October 12, 2013

Saturday, October 12, 2013

Good evening:

Crane and I were gone most of the day. Since we returned, we have been reading and talking about the awakening and renewed commitment to seek justice inspired by the shocking injustice in Kendrick Johnson’s case that so many of you have so clearly expressed.

We feel the same way and we intend to use this blog to not only seek justice for Trayvon, but to seek it for Jordan Davis, Kendrick Johnson, their grieving families and everyone else who has been denied their inalienable rights to life, liberty, and the pursuit of happiness in a just and color blind society. Justice for Trayvon is the name and symbol of our quest.

In a comment this afternoon, Mary Davis said,

I know what happened in Trayvon’s case knocked the sails out of us, but we can’t stop now.

She is right and her comment got me thinking.

This is my answer.

The result in Trayvon’s case disappointed me, but it did not knock the sails out of me.

I have learned how to be patient doing death penalty work. In the Darrold Stenson case, for example, where material exculpatory evidence was withheld by the prosecution from me (I was defense counsel) resulting in a guilty verdict and a death sentence, the Washington State Supreme Court finally agreed with our argument and reversed the conviction and death sentence in the spring of 2012. The sentence was imposed in 1994, so justice took 18 years.

I am convinced that something far bigger than ourselves is dictating the direction and pace of events. Racism, corruption and injustice are rampant. Innocent people are being murdered and the perpetrators are not being held accountable.

Necessary change must happen but it cannot happen all at once.

Justice for Trayvon must necessarily be sought outside the legal system because the Double Jeopardy Clause prohibits a retrial and the prosecution is not going to appeal a case that it did not intend to win and cannot retry.

Justice for Trayvon will be found in the court of public opinion. I think this week’s episode of South Park capitalized on widespread interest in the case and the pervasive belief that George Zimmerman got away with murder. He did much to hang himself after the acquittal by swaggering around like the cowardly bully that he is. Result: he was portrayed as the government’s go-to weapon when it wants to silence a black troublemaker because he’s an expert at murdering black kids and getting away with it. However, he killed a white kid disguised in black face, so he was summarily executed in the electric chair.

Rather than offend our national sense of justice, which would have been the case if a majority of Americans believed he was a hero for defending himself against a crazed black thug who attempted to kill him, most people understood that the result of his trial would have been different if Trayvon were a white kid and they laughed at his execution on South Park.

I don’t believe anyone needed to have that explained to them.

I believe the only people who were offended by the show are the white right wing racists that make up the right wing hate machine.

I don’t know how the writers managed to pull that off in a nation of people shocked, dismayed, and still grieving about the injustice of the verdict, but they did.

And they mocked George Zimmerman and got us to laugh at him.

Nothing will bring back Trayvon Martin. I think a nation shocked by Trayvon’s death, the injustice of the verdict, and thoroughly disgusted with George Zimmerman is actually a better result than a conviction and life sentence.

George Zimmerman’s life will be a living hell, which is his just reward

Now we are witnessing a call for help to right a wrong in Valdosta, Georgia. Word is spreading like wildfire through the power of instant communication via the internet to reopen the investigation into Kendrick Johnson’s suspicious death. Experts in death investigation and forensics are stepping forward and speaking out. They are identifying the problems with the investigation and calling his death a homicide.

The cover-up is falling apart exposing yet another corrupt and incompetent local police department (the Lowndes County Sheriff’s Office) and the Georgia Bureau of Investigation, which conducted the autopsy and reached the utterly ridiculous and indefensible conclusion that his death was accidental due to positional asphyxiation.

Unfortunately, during the long course of human history, most people have been far too willing to accept corruption and injustice as just the way it is, even when they, or someone they know, have been victimized. They felt too isolated and powerless to fight back. For example, more than 80 innocent defendants pled guilty to felonies they did not commit during the late 1990s and agreed to serve lengthy prison sentences without complaint. Every one of them was framed by corrupt members of the out-of-control Ramparts Division of the Los Angeles Police Department. At least one of them sustained multiple gunshot wounds for allegedly resisting arrest even though he submitted to arrest.

The horrible story unravelled when one of the rogue police officers was arrested for possessing cocaine in his locker. He snitched on his fellow officers in exchange for favorable treatment. Eventually the truth was revealed and all of the wrongful convictions were set aside.

Even though they were represented by counsel, not one of the more than 80 innocent defendants believed he had a realistic chance to be acquitted and not one of them was even willing to go to trial.

Tragically, corruption and injustice tend to thrive and be tolerated until some terrible tragedy occurs that so offends people that they finally say enough is enough.

George Zimmerman’s cold blooded execution of an innocent and unarmed Trayvon Martin screaming for help and his mother and begging for his life was such a tragedy. People all over the world were shocked and horrified. It brought us together here and it brought many others together at other sites. All of us watched the trial and we ultimately saw through the pretense of a serious prosecution. We have been changed forever by that experience.

Nine months after Zimmerman murdered Trayvon, we were horrified again when Michael Dunn murdered Jordan Davis at a gas station because Jordan refused to turn down the music he was listening to and did not show Dunn enough respect. Ironically, Dunn will be prosecuted by Angela Corey, the State Attorney who oversaw the failed prosecution of George Zimmerman and expressed satisfaction with the result.

We will be watching that trial and calling her out every time she fails to do something she should have done or does something she should not have done. I and others like me who are experienced trial lawyers will be watching every move she makes. She has a lot to prove and everything to lose. She will not get away with another lackluster effort to create the appearance of justice. We will call her out, if she allows another racist right wing nutcase like B-37 to get on the jury. We’ve seen the movie and we are familiar with the script. Never again.

And now we have Kendrick Johnson’s shocking case to grab our attention and galvanize us back into action.

Nothing will ever change unless we take action and make things change. Unfortunately, humans have to be shocked out of their generally passive and accepting everyday lives before they will come together, focus on solving a problem, and take action to git ‘r done. These three horrific cases are waking us up to what we must do to reclaim our inalienable rights to life, liberty, and the pursuit of happiness in a just and color blind society. We cannot ignore these tragedies. We cannot shrug our shoulders and turn our backs on Trayvon Martin, Jordan Davis, Kendrick Johnson and their grieving families because those three beautiful, young, and innocent children could just have easily been our children or even ourselves.

Justice for Trayvon is justice for everyone and we now have three crystal clear examples that racism is alive and well in this country and our criminal justice system is aiding and abetting it rather than producing just results.

I could no more ignore the message conveyed by these three tragedies than stop breathing.

By working together using the power of the internet to communicate, we can and we will make the mountains tremble.


The prosecution concealed police corruption in Zimmerman trial

July 21, 2013

Saturday, July 20, 2013

Good evening my friends:

The jury delivered its verdict in the George Zimmerman trial a week ago tonight. I was shocked and dismayed by the verdict. Like most of you I initially focused my wrath on stealth juror B-37 because she basically admitted on national television approximately 12 hours after the verdict was announced to having decided that “George” (referring to him as though he were a personal friend) was not guilty before she heard any evidence in the case. Indeed, her summary of the evidence matched the false narrative that Mark O’Mara had been preaching and the national media had been duly reporting for a year.

She bought O’Mara’s Trayvon-is-a-thug story despite no evidence to support it. Her race-based criticism of Rachel Jenteal’s manner of speaking and her consequent decision to ignore her testimony was a breathtaking admission of racist thinking that she quite obviously regarded as acceptable normative behavior that no one would question.

When I thought she could not possibly do more damage to herself, she added insult to injury with her giddy announcement that she had reached an agreement with a literary agent to sell her story to a publishing house before the story was even written. Never mind that she or her attorney husband must have contacted the literary agent in violation of the sequestration order, unless they contacted her in the middle of the night after the verdict was announced.

I seriously doubt that literary agents accept cold calls on late Saturday nights and early Sunday mornings from unpublished authors pitching ideas for unwritten books. Thankfully, the agent had the good sense to nix the deal once she realized she was dealing with an out of control racist wacko.

I was so disgusted and angered by B-37’s false statements under oath during voir dire, her willful violations of the sequestration order and her oath to follow the jury instructions that I urged the prosecution to prosecute her for perjury. Well, I have not seen any sign that Angela Corey intends to make an example out of her to warn future jurors not to engage in those behaviors. Seems to me that such a prosecution probably is necessary in Florida to convince jurors that an oath truly is a promise to tell the truth under penalty of perjury. In addition, B-37 truly is an unrepentant racist and egregious human being who deserves to spend time in prison for who she is as well as what she did.

While I have no doubt that B-37 contributed significantly to the miscarriage of justice, she was not alone. I also hold Angela Corey and Bernie de la Rionda responsible two disastrous tactical decisions; namely, the decision to remove race from the case and the decision to refrain from aggressively attacking Investigator Chris Serino and Officer Doris Singleton for their testimony supporting Zimmerman and vouching for his credibility. Serino, in particular, deserved to be raked over the coals for tampering with witnesses at the crime scene in an attempt to convince them that the defendant uttered the terrified death shriek.

Witness tampering in a murder case is a felony punishable by up to life in prison.

I first read about Trayvon Martin’s murder while the Sanford Police Department was still investigating the case and it seemed that Zimmerman was not going to be charged.

Their reluctance to charge appeared to me to have been imposed from the top down by State Attorney Norm Wolfinger and Chief Bill Lee due to as yet unknown reasons political reasons rather than the merits of the case.

That is corruption and that is not how our legal system is supposed to work.

As soon as I reviewed the defendant’s statements, including what he said during the NEN call, I realized that this case was all about race and could not be understood without mentioning race. If Trayvon Martin had been white, for example, the defendant would not have called the police.

I wrote an article in which I stated that anyone who believed George Zimmerman’s story was necessarily a racist. That is, one had to assume that Trayvon was a violent and crazy thug who all of a sudden for no apparent reason decided to attack and attempt to kill with his bare hands a menacing stranger who had followed him in a vehicle and then on foot after Trayvon had successfully eluded him by running away and hiding in a dark area behind a building containing townhomes. No person in their right mind would do that.

The defendant described Trayvon as a stereotypical black gangsta popularized in comics and blaxploitation films. In order to believe Zimmerman, people had to believe that the stereotypical black gangsta in films actually exists in real life.

I have represented black gang-bangers from Los Angeles who were members of the notorious Crips and Bloods. They were real flesh and blood people with more than a passing interest in survival. Yes, they had participated in gang violence and killed people but they planned what they did and they acted together. They did not utter dated movie lines or issue warnings to their intended victims before shooting them. They did not wander off unarmed and alone somewhere and suddenly decide to attack and kill a stranger with their bare hands. None of them would have believed Zimmerman’s ridiculous story. Only a white racist fixated on young black males who gets a thrill out of watching movies about mean and vicious black gangstas believing that they represent real people would even be capable of making up such a ridiculous story.

I was and continue to be astonished that anyone believed his story.

I believe that the extent to which it is believed offers a pretty accurate measuring stick indicating the prevalence of racism against blacks in our current society.

George Zimmerman did not profile Trayvon Martin as a thug casing the neighborhood for a house to burglarize in the RTL around 7 pm on a rainy Sunday night in late February because Trayvon was wearing a hoodie and walking around in the rain. He profiled him because he was a young black male and he invented a self-defense claim to justify killing him by describing Trayvon Martin as character in a movie.

Race was the proverbial elephant in the living room and the prosecution should never have agreed not to mention it. Zimmerman selected Trayvon because he was black and he hunted him down and attempted to detain him because he assumed certain things about him because he was black. He was the aggressor because he was determined to prevent him from escaping out the back entrance before the police arrived just like all of the other fucking coons and assholes who got away.

A review of all of the defendants NEN calls establishes that he obsessed about blacks. Black residents of the RTL had negative experiences with him where he accused them of wrongdoing. A visible pattern emerges of Zimmerman repeatedly assuming that blacks engaging in normal activities actually were up to no good and he called the police NEN to report them.

All of this evidence was relevant to why he selected Trayvon and why he killed him

As John Guy said, “George Zimmerman did not shoot Trayvon Martin because he had to. He shot him because he wanted to.”And he did it because Trayvon was black.

In other words, he committed a federal hate crime and I hope the Justice Department prosecutes him.

I do not know why the prosecution decided not to stress the importance of race. I imagine Angela Corey made the decision with Bernie de la Rionda’s consent. I do not believe John Guy or Richard Mantei participated in that decision. I think Corey and de la Rionda owe us an explanation.

They also inexplicably allowed Chris Serino and Doris Singleton to support George Zimmerman’s claim of self-defense. I can understand not wanting to attack a law enforcement agency in order to avoid incurring the probable wrath of other law enforcement agencies. However, once Serino and Singleton turned against the prosecution, Bernie de la Rionda should have torn Serino to shreds by bringing out that he tampered with witnesses to get them to identify George Zimmerman as the person who uttered the terrified death shriek and he set up Tracy Martin at his most vulnerable moment to deny in front of other officers, including Singleton, that he could positively identify Trayvon as the person screaming.

Serino was obviously following orders issued before he arrived at the crime scene. The fix was in and the orders were issued from the top down. He ran that investigation to produce the appearance of an investigation and he only varied from that course of action at the last minute when he realized that the department was not going to get away with not charging Zimmerman. I think he made that decision on his own hoping to save his job and hoping people would not look closely at what he did.

I think he was a trusted player in the corruption game or the Chief would not have put him in charge of the investigation.

Bernie de la Rionda also should have confronted Singleton for wearing awards on her uniform that she had not earned.

The verdict in this case might well have been different if Angela Corey and Bernie de la Rionda had not made these decisions.

The bottom line is Chris Serino and Doris Singleton are corrupt cops in a corrupt police department. They still have their jobs and that suggests that the effort to clean-up the department is only for the sake of appearances.

The prosecution’s decision to allow them to lie and gut their case to justify and conceal how they mishandled the investigation bespeaks a form of intolerable corruption in which Angela Corey and Bernie de la Rionda aided and abetted corrupt police work.

And the end result is that a racist lying psychopath is now free to kill again.

That is why I cannot and will not accept this verdict as legitimate, ever.

This is why I join with LLMPapa in urging Attorney General Eric Holder to prosecute George Zimmerman for a hate crime.

I regret to say that I do not believe Zimmerman will be charged with a hate crime. I fear the decision will be made for political reasons rather than on the merits of the case itself.

Assuming I am right that will add even more corruption to a corrupt and shameful case.

At the very least, by speaking truth to power, we draw a line in the sand and declare for all who have eyes to see that we are not fooled by the appearance of justice. We saw through to the corrupt core of this case and in this way we honor Trayvon Martin and his memory.


Judge Debra Nelson denies defense motion for judgment of acquittal

July 5, 2013

Friday, July 5, 2013

Good evening:

Judge Debra Nelson summarily denied a defense motion for a judgment of acquittal this afternoon after the State rested its case.

The first witness called by the defense was the defendant’s mother, Gladys Zimmerman, who identified him as the person who uttered the terrified death shriek that is audible in the background of a 911 call. However, she admitted on cross examination that she had never heard him scream for help or cry out like that.

Her testimony contrasted sharply with testimony this morning by Sybrina Fulton, Trayvon Martin’s mother, who identified him quietly and sorrowfully without equivocation.

The State rested its case after presenting the testimony of Dr. Bao, the Assistant Medical Examiner who performed the autopsy on Travon Martin. He described the gunshot wound as direct from front to back with the hollow point bullet passing through the front and rear wall of the right the ventricle before coming apart and scattering in different directions finally coming to rest in the pericardial sac.

He testified that Trayvon would have been conscious and in pain from 1 to 10 minutes but unable to move or speak during that time. His testimony contradicts the defendant’s claim that Trayvon sat up and said, “You got it,” or “You got me.”

It also makes it extremely unlikely that he did not know that Trayvon was dead before the police arrived, contradicting his claim on the Sean Hannity Show that he did not know that he’d hit Trayvon when he fired the shot and did not find out he was dead until someone told him at the police station later that evening.

The defendant’s claim on the Sean Hannity Show that he has no regrets, would not do anything differently, and everything happened according to “God’s plan,” is chilling in light of today’s testimony.

Judge Nelson recessed the trial for the weekend until Monday morning at 9 am EDT.

Between now and then, the defendant will have to decide whether to testify or remain silent.

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I have changed my mind and now support Judge Nelson’s decision

June 22, 2013

Saturday, June 22, 2013

Good afternoon:

I was in the waiting room at my doctor’s office down in Tennessee browsing through a dictionary looking for new words with which to torture y’all when CNN announced that Judge Nelson had issued an order excluding the State’s audio experts (Tom Owen and Dr. Alan Reich) from testifying at the trial. For those of you who may not be as familiar with the case as we are, both experts would have testified that George Zimmerman did not utter that haunting shriek. Dr. Reich also would have testified that Trayvon Martin likely uttered the shriek.

The anchor person said Judge Nelson determined that there is an absence of agreement in the scientific community that the methodologies used by Mr. Owen and Dr. Reich were capable of identifying the source of the terrified death shriek due to the current inability in the scientific community to match a voice exemplar with a shout, the poor quality of the 911 recording, and the short length of time in which there are no competing sounds on the recording and only the shriek can be heard (approximately 3 seconds).

Although I predicted Judge Nelson would deny the defense motion, I cannot say that I am surprised or dismayed by her decision. In fact, and I may surprise some of you with this statement, I am going to compliment Judge Nelson for her decision because it is the right decision at the right time in our nation’s courts and I believe it took a lot of courage for her to make it, especially in a high visibility case like this one in which the whole world is watching.

I have previously written about the deplorable state of forensic science in our nation and the need for standards, regulatory oversight, and mandatory blind proficiency testing of lab personnel modeled after the Clinical Laboratory Improvement Act (CLIA). There is no question in my mind that Dr. Nakasone and Dr. Weyman are on the right track attempting to establish a national set of standards and accepted methodologies for use in forensic voice identification. Judge Nelson did the right thing by endorsing their efforts and her decision was courageous because a lot of forensic scientists and the prosecutors and defense lawyers who employ them will criticize her.

My support for the admissibility of the results obtained by Mr. Owen and Dr. Reich is based on the unique set of circumstances of this case in which the shriek could only have been uttered by one of two known individuals. This situation only requires eliminating one of the two individuals. Since all of the experts who testified agreed that the methodologies used by the State’s experts have been used for many years and continue to be used today; it was easier to exclude than to declare a match; the defense was unable to find an expert willing to testify that George Zimmerman uttered the shriek; and the circumstantial evidence proves that Trayvon Martin uttered the shriek; I concluded that the State’s experts should have been permitted to testify. I still believe that would have been an appropriate conclusion to reach applying the Frye rule.

I am very pleased and proud of your reaction to the news. I anticipated dismay, some panic, and cynical complaints that Judge Nelson is corrupt and the outcome is rigged. I anticipated this reaction because I confess that it was my first reaction. A 2-hour motorcycle ride home on a beautiful afternoon driving on a lesser-traveled 2-lane highway curving through forests and corn fields with the Crane-Station sitting behind me was the perfect antidote. I fully engaged in driving my motorcycle, forgot my disappointment, and realized the prosecution is in a much better position because of her ruling.

When I arrived home and checked the blog I saw that y’all were taking it in stride without any help from me. Y’all know that the prosecution does not need the expert testimony to convince the jury that Trayvon Martin uttered the shriek and I think y’all also realize that not presenting the expert testimony avoids the inevitable distraction and confusion that a battle of the experts might cause. Indeed, in a case like this with only two possible individuals who could have uttered the shriek, there is virtually no chance that any jury would conclude that the shooter uttered that shriek when the evidence will show that he was the person who was armed, he was the person who got out of his vehicle and ran after an unarmed Trayvon when Trayvvon attempted to get away from him, he was the person who admitted to establishing control over Trayvon with a wristlock before pulling his gun and shooting Trayvon, and the shriek ends with the gunshot. Just as we do not need a weatherman to tell us which way the wind blows, we also do not need experts to tell us who uttered that shriek. Neither will the jury.

Therefore, Judge Nelson did the prosecution a huge favor by excluding the experts. In essence, she applied the KISS rule and is forcing the prosecution to do the same thing. She deserves to be thanked for that, not criticized. Y’all realized that without any assistance from me and that is why I am so proud of you and so delighted to see how much you know about the case and how sophisticated you have become in understanding the evidence and the rules governing the use of expert witnesses.

Anyone lacking your knowledge of the evidence in this case would have thought the prosecution had lost any chance to convict George Zimmerman, given the near unanimity of so-called legal experts characterizing this ruling and the selection of an all woman jury as devastating disasters for the prosecution.

Before I got involved in this case, I did not believe my low opinion of the national media and their so-called legal experts could possibly get any lower. However, the nonsense they are spewing as informed opinion has significantly lowered the bar. Despite its availability, they are ignoring the evidence that we have so carefully analyzed and discussed. They have accepted Mark O’Mara’s false narrative and joined in demonizing an innocent 17-year-old kid with loving parents and a bright future. I would have considered myself extraordinarily fortunate if Trayvon were my son and I would have been extremely proud of him. Anyone lawyer who has joined in the demonization of Trayvon and his parents by appearing on national television and voicing an expert opinion regarding the case that endorses the false narrative as though it were true, is a fundamentally dishonest human being without empathy or moral compass.

In many ways, Travon’s case functions as a mirror reflecting the prejudices people have about race, black male teenagers, and black people as parents and citizens. With the selection off an all female jury, the case is reflecting the prejudices people have about women as decision-makers.

Before this case, I knew we had a long long way to go before we reach a place where we no longer disrespect people by the color of their skin and their gender.

Trayvon’s case has taught me that our society is far more racist and sexist than I imagined. His case is an opportunity to set the record right and recommit to seeking equality and justice for all of our people as opposed to a privileged few.

Congratulations to all of you from your humble professor.

Fred

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Thank you


What really happened moments after the gunshot in the Zimmerman case

June 22, 2013

Saturday, June 22, 2013

Good morning:

Don West impeached his client with the legal document he filed yesterday titled, Defendant’s Specific Response to State’s Motion in Limine Regarding Self-Serving Hearsay Statements of Defendant.

He said at pages 2-3.

Witness 13 and his wife heard a commotion in the back of their townhome. They heard yelling and then heard a shot. Witness 13 grabbed a flashlight and went outside to see what had happened. Within seconds of the shooting, W13 approached Mr. Zimmerman who was staggering, bleeding and breathing hard. The witness observed blood on Mr. Zimmerman’s face and the back of his head consistent with someone having been injured in a fight. Mr. Zimmerman asked W13 if he was bleeding? Witness 13 said “Yes” and W13 asked Mr. Zimmerman what had happened? Mr. Zimmerman told W13 that the other person was “beating me up” and he shot him.

Within a minute or so, Sanford Police Officer Tim Smith arrived on foot at the location where Mr. Zimmerman and W13 were standing. Officer Smith spoke with Mr. Zimmerman at the scene upo his arrival. Mr. Zimmerman acknowledged being the person who fired the shot and that he had a firearm on him. Mr. Zimmerman spontaneously stated that he had yelled for help and that no one helped him.

With that fresh in your mind, please watch what the defendant told the police about those moments during his walk-through for the Sanford Police Department a little less than 24 hours after he killed Trayvon Martin.

Thank you to LLMPapa for preparing these two clips from the walk-through.

Clip 1

Clip 2

Congratulations, Mr. West.

You have succeeded in proving that your client lied.

Can you pass the straight-face test when you argue to Judge Nelson that the defendant’s “spontaneous” statements to W13 are reliable and accurate?

What is she going to think about your credibility and professionalism when the State shows her the walk-through video?

By the way, was his statement to the person he called on his cell phone another “spontaneous” utterance?

As long as you are spillin’ the beans, why don’t you tell us who he called and what he said.

FYI: A few minutes after I posted this article, I reversed the order of the two clips because #2, which is now #1, is more directly relevant given the focus of the article. I apologize for any confusion that may have caused.


Father’s Day Card to Tracy Martin

June 16, 2013

Xena made this video:


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